08-03-2017 Regular Meeting CODE ENFORCEMENT BOARD MEETING MINUTES
Thursday,August 3,2017
The meeting of the Miami Shores Village Code Enforcement Board was held on Thursday August 3,
2017, at the Miami Shores Village Hall. The meeting was called to order at 6:00 pm. by Chairman,
Robert Smith.
Roll Call.
Present: Patrick Huber,John Berryman,Rod Buenconsejo,Chairman Robert Smith.
Absent: Robert Vickers,Kimberly Bruce, Gladys Coia.
Will everyone that is going to testify tonight please raise your right hand and swear to tell the truth,the
whole truth and nothing but the truth.
In Attendance
Lazaro Remond, Code Compliance Supervisor
Mike Orta, Code Compliance Officer
Richard Sarafan, Village Attorney
Mariana Gracia, Clerk
FIRST HEARING
Summary Adjudication for 1" Hearings: Case(s): 2-17-16209; 2-17-16210; 3-17-16294; 4-17-16317;
4-17-16318; 4-17-16319; 4-17-16320; 5-17-16424; 5-17-16440; 5-17-16441; 5-17-16442; 6-17-16637.
The officer, Lazaro Remond, testified that Affidavits of Non-Compliance and evidence of violation exists
in each of the files.
Motion: I move for summary adjudication of all such cases to include a finding of fact and
conclusion of law that a violation exists as charged in the respective notice of violations issued
therein and that, in each such case, the offending party shall correct the violation within time
period specified and immediately notify the Code Enforcement Officer when the property is
brought into compliance. In each such case, if the violation is not brought into compliance within
such time period, the Code Enforcement Officer may report this fact back to the Board in
accordance with the Board's Rules and Regulations at which time a fine is hereby authorized to be
automatically assessed against the violator. In the respective daily amounts specified in staff's
recommendations for tonight's hearing, retroactive to the original compliance deadline. Further,
with respect to each such case, costs in the amounts specified in Staffs recommendations for
tonight's hearings are hereby assessed in order to recoup the Village's expenses in prosecuting the
violations to date."
Moved by Patrick Huber,seconded by Rod Buenconsejo
Vote: Motion passed 4-0
PENALTY HEARING
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Summary Adjudication for Penalty Hearings: Case Ws: 1-17-16149; 1-17-16152; 1-17-16153, 1-17-
16154; 1-17-16155; 3-17-16309; 4-17-16329; 4-17-16350; 4-17- 16357; 4-17- 16366; 5-17-16387; 5-17-
16389; 6-17-16509.
The officer, Michael Orta, testified that Affidavits of Non-Compliance and evidence of violation exists in
each of the files.
Motion: I move that, in each case currently remaining on the penalty docket for tonight's hearing,
each respective violator be ordered to pay the daily fine previously adjudicated and authorized to
be imposed against them by prior order of the Board, retroactive from the day the violation was to
have been corrected,that upon recording, the Board's Order in this regard will constitute a lien on
the property of the violator.
Moved by Patrick Huber,seconded by Rod Buenconsejo
Vote: Motion carries 4-0
REQUEST FOR RELIEF
Case(s): 12-11-9321; 12-11-9322; 8-10-7599; 12-11-9323
Owner: Cristina Cruz-Grost formerly Cristina Cruz Escalona
Address: 10616 NW 2"d Avenue
Attorney Steve Braverman was present on behalf of Ms. Grost. He asked for clarification as to what the
process is for this hearing. He said that his clients live in El Paso, TX. He testified that it did take them
some time to rectify the issues and bring them into compliance. The Board asked questions. The
property is not for sale nor being re-financed at this time. Officer Lazaro Remond testified that all the
cases are into compliance. Mr. Buenconsejo wanted to make sure that the violation of the van on the
property was gone. The property was rented at some time. The owners are considering moving back into
the property. That is in consideration at this time.
Motion: That upon receipt of$20,000.00 payable within 90 days that the lien be released.
Moved by Patrick Huber,seconded by Rod Buenconsejo
Vote: Motion carries 3-1
Yes: Patrick Huber,Rod Buenconsejo,Chairman Robert Smith
No: John Berryman
Case(s): 11-10-7944
Owner: Bancroft Investments LLC
Address: 800 NE 91 Terrace
Edmund Phillips and the potential buyer Mr. Pedro Chevalier were present. Mr. Phillips thanked and
apologized for not paying the relief that was granted before. They were unable to meet the deadline due
to personal issues. He accepts responsibility for this. The whole experience has been a nightmare. They
bought the property for $289,000.000 with total cost of$203,000.00. $445,000.00 is the asking price for
the sale of the property. Mr. Phillips testified that he cannot pay the $25,000.00 that was suggested by
Staff. Mr. Chevalier testified that his family is anxious to move into the property. He would consider
negotiating a higher amount to be paid. His family is ready to move in. The Board expressed concern
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about the items listed as cost being soft costs. Mr. Sarafan requested to table the item until later. Mr.
Huber asked for the voting record from last Request for Relief. The Clerk informed the Board that the
last Request for Relief passed by a unanimous vote.
Motion to table until the end of the end by Mr. Huber, seconded by Mr. Berryman and vote passed
4-0.
Motion to lift from table by Mr.Berryman,seconded by Mr.Huber and vote passed 4-0.
Mr. Sarafan reported that he had met with the parties and they had come to a consensus. The Legal
department recommends this offer. Mr. Phillips and the Buyer agreed. There was discussion about the
amount of time to pay the fee.
Motion: That upon receipt of$10,000.00 payable within 120 days that the lien be released.
Moved by John Berryman,seconded by Patrick Huber
Vote: Motion Passed 3-1
Yes: John Berryman,Patrick Huber, Chairman Robert Smith.
No: Rod Buenconsejo
Case(s): 2-09-5361; 9-12-10381; 6-16-15446
Owner: Enrique J. Cardena
Address: 9509 North Miami Avenue
Ms. Elisa Garcia was present of behalf of Mr. Cardena by POA. She is a pen-nit expediter and has a
Power of Attorney. Mr. Sarafan informed the Board that the POA is appointing Easy Permitting. Ms.
Garcia said that she is the owner of this company. She explained what her business does. Mr. Sarafan
recommended that she speaks to her lawyer before she does this again. In 2012 there were issues on this
property they fixed the violations but they never came to request relief. Ms. Garcia explained there was
confusion as to what would cure the violation. Mr. Sarafan states that back in September 2013 there was
a Request for Relief from Fannie Mae, at that time the amount of the liens was $88,350.00 they proposed
$4,400.00 and it failed 3-3. The Board asked questions. The house is for sale and she does not know for
how much.
Offered to pay$12,000.00 within 30 days. Offer failed due to lack of Motion.
BP Motion: That upon receipt of$21,000.00 payable within 90 days that the lien be released.
Moved by John Berryman,seconded by Rod Buenconsejo
Vote: Motion carries 4-0
Yes: Patrick Huber,Rod Buenconsejo,John Berryman,Chairman Robert Smith
Case(s): 10-09-6411; 11-12-10628; 8-11-8864
Owner: Judith B.Williams/Michael Williams,Trustee
Address: 54 NE 95 Street
Mr. Michael Williams, Trustee was present to testify along with his brother in the audience Mr. Richard
Williams. Mr. Williams testified that he had never been in this situation. He stated that his family has
lived in the Shores since 1950. He testified that his mother was overwhelmed with the situations in her
life due medical issues. He testified that she cared for her family and then diagnosed with an illness. She
was so overwhelmed that she never shared it with me (Mr. Williams). Mr. Williams lives in New Jersey
and he was not aware of these liens and once he found out he took care of it immediately. He intends to
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fix the place and sell it to a family that would enjoy it. There was a disclosure made by Mr. Buenconsejo
that he was a neighbor of Mr. Williams mother. The house is empty for not for sale. Ultimately it will be
for sale. The Board asked questions. Mr. Williams addressed the issue of the dirty pool. Mr. Sarafan
said that it could have happened that the violation got cured but never reported to Code Enforcement. Mr.
Williams testified that he flew down from New Jersey this morning. Officer Remond testified that Mr.
Williams brought the house into compliance as soon as he found out of the violations. Chairman Smith
says that he could empathize with Mr. Williams's situation but that it doesn't negate the need for Mr.
Williams to maintain the property.
Motion: That upon receipt of$30,935.00 payable within 90 days that the lien be released.
Moved by Patrick Huber,seconded by John Berryman
Motion passes 4-0
Yes: Patrick Huber,John Berryman,Rod Buenconsejo,Chairman Robert Smith.
MINUTES
Minutes for July 6, 2017
Motion to approve minutes, by Mr. John Berryman, seconded by Mr. Patrick Huber and the Motion
passed 4-0.
NEXT MEETING
The next meeting will be on September 7, 2017
ADJOURNMENT
August 3, 2017 de Board meeting was adjourned
J
Lazaro Remond, Code Enforcement Supervisor Robert Srkith, Chairman
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